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CITY OF TERRACE
CONSOLIDATED
BYLAW NO. 1318-1993/ 1640-1998/ 2262-2022
"A BYLAW OF THE CITY OF TERRACE TO PROVIDE FOR
THE REGULATION OF MISCELLANEOUS NUISANCES."
WHEREAS Section 551 of Chapter 323 of the R.S.B.C., 1996, provides that Council
may prohibit a person from fouling, obstructing, or impeding the flow of a stream,
creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is
situate on private property;
WHEREAS Section 723 of Chapter 323 of the R.S.B.C., 1996, provides that Council
may regulate or prohibit the removal or deposit of soil or other material from and on
any land in the municipality;
WHEREAS Section 725 of Chapter 323 of the R.S.B.C., 1996, provides that Council
may prevent, abate and prohibit nuisances, regulate and prohibit certain activities
and disturbances and require owners and occupiers to do certain things;
WHEREAS Section 725 of Chapter 323 of the R.S.B.C., 1996, provides that Council
may regulate or prohibit certain things; and
WHEREAS Section 725 of Chapter 323 of the R.S.B.C., 1996, provides for the removal
of trees and shrubs dangerous to public safety; and
WHEREAS Section 727 of Chapter 323 of the R.S.B.C., 1996, provides for the removal
of erections and things dangerous to public safety or health; and
WHEREAS the Council of the City of Terrace wish to maintain and promote a
harmonious relationship between land use, people, nature, and animals within the
City of Terrace.
NOW THEREFORE the Council of the City of Terrace, in open meeting assembled
enacts as follows:
1.
DEFINITIONS:
In this Bylaw, unless the context otherwise requires:
(a)
"Bylaw Officer" means any person or persons appointed from time to
time by Council to enforce certain Bylaws of the City of Terrace;
Nuisance Bylaw
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Bylaw No. 1318-1993 (Consolidated)
Amended by
#2262-2022
(b)
"Consumer Fireworks" includes cannon crackers, fireballs, firecrackers,
mines, Roman candles, skyrockets, squibs, torpedoes, and any other
explosive designated as a firework by the Canada Explosive Act and
Regulations.
(c)(i) "Council" means the City Council of the City of Terrace;
Added by
(c)(ii) "Effluvia" includes an offensive exhalation or smell;
#1640-1998
Amended by
#2262-2022
(d)
"Fire Prevention Bylaw" means the City of Terrace's most current Fire
Prevention Bylaw.
(e)
"Firearm" means a rifle, gun, spring gun, air gun, revolver, pistol or any
device using, as a propellant, compressed air, explosives or gas.
(f)
"Highway" includes a street, road, lane, bridge, viaduct, and any other
way open to public use, but does not include a private right-of-way on
private property.
(g)
"Noxious Insects" includes bees and caterpillars.
(h)
"Noxious weed" means any plant which is described in Schedule A to
this Bylaw, and includes the seeds of the noxious weed.
(i)
"Nuisance" means any act or omission which obstructs or causes
inconvenience or damage to the public or to a segment of the public in
the exercise of rights common to all members of the public;
(j)
"Unsightly" includes, but is not limited to:
(a)
the accumulation of building material on any property other than
premises licensed under the Business Licence Bylaw, unless the
owner or occupier of the property is in possession of a valid
Building Permit or unless the accumulation is stored in a covered
building;
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Bylaw No. 1318-1993 (Consolidated)
(b)
the storage or accumulation of all or part of any motor vehicle
which is not
i)
validly registered and licensed in accordance with the
Motor Vehicle Act, R.S.B.C., 1979, c. 288; or
ii)
capable of movement under its own power, unless stored
in a covered building; or
(c)
the accumulation of filth, discarded materials or rubbish of any
kind, including, but not limited to, ashes, dead animals, paper,
cardboard, tin cans, leaves, wood, bedding, crockery, glass, bags
and appliances".
(k)
"Waterway" means any stream, creek, waterway, watercourse,
waterworks, ditch, drain or sewer within the City of Terrace, whether or
not it is situate on private property.
2.
Waterways
(1)
No person shall foul, obstruct or impede the flow of any waterway
within the boundaries of the City of Terrace.
(2)
Without limiting the generality of subsection (1), no person shall
construct a crossing over any waterway.
3.
Soil Deposit or Removal
(1)
No person shall remove or deposit more than 76 cubic metres (100
cubic yards) of soil from or onto any land within the City of Terrace
without
(a)
first obtaining from the City of Terrace a permit for such deposit
or removal or
(b)
being in possession of a valid and subsisting Building Permit in
respect of such land.
4.
Nuisances
(1)
No person shall permit pigeons to perch, roost, or nest on any building
owned or occupied by them, unless such pigeons are household pets
that are housed within their owner's dwelling.
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Bylaw No. 1318-1993 (Consolidated)
(2)
No person shall by doing, or failing to do, any act, deed, thing, or
action, create a nuisance.
(3)
No person shall permit or cause water, rubbish, or noxious, offensive,
or unwholesome matter to accumulate around their premises, or
deposit or throw bottles, broken glass, or other rubbish in any open
place.
(4)
No owner or occupier of real property shall permit or cause that
property to become or remain unsightly.
(5)
No owner or occupier of real property, or their agents, shall fail to clear
such property of brush, trees, noxious weeds, or other growths when
directed to do so by the City of Terrace.
(6)
No owner or occupier of real property, or their agents, shall permit
infestations of caterpillars or other noxious or destructive insects to be
on such property.
(7)
Where an owner or occupier of real property, or their agents, fails to
comply with the provisions of subsection (4), (5) or (6),
(a)
The City of Terrace, by its employees or other persons, at
reasonable times and in a reasonable manner, may enter on the
property and effect a remedy and
(b)
where that owner or occupier or their agents fail to pay the costs
of the remedy on or before December 31 in the year that the
remedy was done, the unpaid costs shall be added to and form
part of the taxes payable in respect of that real property as taxes
in arrears.
(8)
No person shall post, exhibit, or distribute placards, play bills, posters,
advertisements, writings or pictures or write words, or make pictures or
drawings which are indecent, or may tend to corrupt or demoralize, on
walls or fences or elsewhere, on or adjacent to any highway, or other
public place.
Added by
(9)
In relation to the emission of smoke, dust, gas, sparks, ash, soot,
#1640-1998
cinders, fumes or other effluvia,
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Bylaw No. 1318-1993 (Consolidated)
(a)
require the owners or occupiers of real property, or their agents,
to eliminate or reduce the fouling or contaminating of
atmosphere through those emissions,
(b)
prescribe measures and precautions to be taken for the purpose
of subparagraph (a), and
(c)
establish limits not to be exceeded for those emissions.
5.
FIREARMS AND FIREWORKS
Amended by
#2262-2022
(1)
A Fire Prevention Bylaw is hereby declared to apply to the City of
Terrace.
(2)
No person shall discharge any firearm of any kind or calibre within the
boundaries of the City of Terrace unless authorized by this Bylaw.
(3)
Persons duly authorized to destroy predatory animals or control
domestic animals or any other lawful duty may obtain a permit for the
use of firearms within the Municipal Boundaries from the N.C.O. i/c
R.C.M.P.
Amended by
#2262-2022
(4)
No person shall sell fireworks, except between the 29th and 31st day of
October in any year. Unless otherwise authorized, the only day to set
off fireworks will be October 31st in any year. Only Consumer fireworks
are allowed to be sold and set off during this time period.
(5)
No person shall explode any fireworks on any highway or other public
place unless specifically authorized to do so by the Fire Chief of the City
of Terrace.
(6)
No person shall sell fireworks or dispose of fireworks to any person
under 19 years of age.
Amended by
#2262-2022
(7)
Notwithstanding the provisions of this Bylaw, fireworks may be sold to
and discharged by any person or organization at a public display if
such public display is held with the written permission of the Fire Chief
or their designate.
Nuisance Bylaw
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Bylaw No. 1318-1993 (Consolidated)
6.
REMOVAL OF TREES AND SHRUBS DANGEROUS TO PUBLIC SAFETY
(1)
The City of Terrace may order the removal, cutting down, or trimming
of any trees, shrubs, hedges, or bushes growing or standing on land
adjacent to a highway which the Council believes are dangerous, or
where the Council believes the safety or convenience of the public so
requires, or where the trees, shrubs, hedges, or bushes become
injurious to the road bed, sidewalk or works, at the expense of the
owners or occupiers of land on which they grow or stand.
(2)
Before exercising the powers conferred by subsection (1), the Council
shall give to the owner or occupier of the land notice requiring him
within 5 days from the date of the notice to remove, cut down, or trim
the trees, shrubs, hedges, or bushes designated in the notice; and if the
owner or occupier defaults or does not make application to the
Supreme Court, the City of Terrace, by its employees and others, may
enter and effect the removal, cutting down or trimming at the expense
of the person defaulting.
(3)
The expenses incurred by the City of Terrace under this section shall, if
unpaid on December 31 in any year, be added to and form part of the
taxes payable on the land designated in the notice.
7.
REMOVAL OF ERECTIONS AND THINGS DANGEROUS TO PUBLIC SAFETY
OR HEALTH:
(1)
The Council may declare any building, structure, or erection of any kind
or a drain, ditch, watercourse, pond, surface water, or other matter or
thing, in or on private land or a highway, or in or about a building or
structure, a nuisance, and may direct and order that it be removed,
pulled down, filled up, or otherwise dealt with by its owner, agent,
lessee, or occupier, as the Council may determine and within the time
after service of the order that may be named in it.
(2)
Service of the order made under subsection (1) shall be effected by
sending a copy of the order by return registered mail to the owner of
the land upon which the nuisance exists, and to all other persons
whose names appear on the records of the Land Title Office as having
an interest in the land, and to the agent, if known, of the registered
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Bylaw No. 1318-1993 (Consolidated)
owner, and to the lessee and occupier of the land, the notice to be sent
to the last known address of each interested person referred to in this
subsection.
(3)
The Council may further order that, in case of default by the owner,
agent, lessee, or occupier to comply with the order within the period
named in it, the City of Terrace, by its employees and others, may enter
and effect the removal, pulling down, filling up, or other dealing at the
expense of the person defaulting, and may further order that the
charges for so doing, including all incidental expenses, if unpaid on
December 31 in any year, shall be added to and form part of the taxes
payable on that land or real property as taxes in arrears.
(4)
Where the nuisance so declared is a building, structure, or erection, the
Council may, after the expiration of 60 days from the date of the
mailing of the notice to the owner under subsection (2) and after the
expiration of the period named in the order, sell by auction or by public
or private tender, or otherwise dispose of the building, structure, or
erection so ordered to be dealt with, or any part or material in it. From
the proceeds of the sale or disposal, there shall be deducted for the use
of the City of Terrace the actual costs, including incidental expenses,
incurred by the City of Terrace in carrying out the order, and the
remainder of the proceeds shall be paid by the City of Terrace to the
owner or other person lawfully entitled.
(5)
This section applies to any building, structure, or erection of any kind
which the Council believes is so dilapidated or unclean as to be
offensive to the community.
8.
VIOLATION AND PENALTY:
(1)
Any person who:
(a)
violates or does any act or things which violates any provision of
the Bylaw;
(b)
suffers or permits any act or thing to be done in violation or
contravention of any of the provisions of this Bylaw; or
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Bylaw No. 1318-1993 (Consolidated)
(c)
neglects or refrains from doing anything required to be done by
any of the provisions of this Bylaw;
is guilty of an offence and is liable upon summary conviction to a fine of not
less than One Hundred ($100.00) Dollars and not more than $500.00.
9.
The following sections of this Bylaw are hereby designated for the purpose of
Section 272 of the Municipal Act:
s. 2 (1) and (2);
s. 3 (1);
s. 4 (1), (2), (4), (5), (6), (7), and (8); and
s. 5 (4), (5), and (6).
10.
If any section, subsection, clause, sub-clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of any Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this BYLAW.
11.
Bylaw numbers 841, 1053, and 1076 are hereby repealed.
12.
This Bylaw may be cited as "City of Terrace Nuisance Bylaw No. 1318-1993".
This Bylaw is consolidated for convenience only. If discrepancies exist
between this consolidation and the original bylaws, the original bylaws shall
prevail.
BYLAW #1318-1998 READ a first time this 13th day of April, 1993.
BYLAW #1318-1998 READ a second time this 13th day of April, 1993.
BYLAW #1318-1998 READ a third time this 13th day of April, 1993.
BYLAW #1318-1998 ADOPTED this 26th day of April, 1993.
ORIGINAL SIGNED BY "J. TALSTRA"
Mayor
Nuisance Bylaw
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Bylaw No. 1318-1993 (Consolidated)
ORIGINAL SIGNED BY "E.R. HALLSOR"
Clerk-Administrator
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Bylaw No. 1318-1993 (Consolidated)
SCHEDULE "A"
Blueweed (Echium vulgare)
Burdock (Arctium minus Hill)
Canada Thistle (Cirsium arvense (L.) Scop.)
Cleavers (Galium aparine L.)
Dodder (Cusccuta spp.)
Giant Burdock (Arctium spp.)
Hoary Cress (Cardaria spp.)
Houndstongue (Cynoglossum officinale)
Knapweed spp. -
Diffuse (Centaurea diffusa Lam.)
Spotted (Centaurea maculosa L.)
Russian (Centaurea repens L.)
Leafy spurge (Euphorbia esula L.)
Morning-glory (Field Bindweed) (Convolvulus arvenis L.)
Night flowering catchfly (Silene noctiflora)
Nodding thistle (Carduus nutans L.)
Oxeye Daisy (Chrysanthemum leucanthemum)
Poison hemlock (Conium maculatum L.)
Quackgrass (Agropyron repens)
Scentless Chamomile (Matricaria maritima var. agrestis (Knaf.)(Wilmot)
Sow thistle, annual perennial (Sonchus spp.)
Sulphur cinquefoil (Potentilla recta L.)
Tansy (Tanacetum vulgare L.)
Tansy ragwort (Senecio jacobaea L.)
Tartary buckwheat (Fagopyrum tataricum L.)
Toadflax spp. -
Common (Linaria vulgaris Hill)
Dalmation (Linaria dalmatica L.)
Water Hemlock (Cicuta maculata L.)
White Cocle (Lychnis alba)
Wild Mustard (Brassica kaber)
Wild Oats (Avena fatua L.)